San Francisco, CA Short-Term Rentals: Night Caps (2026)
Key Facts
- Minimum occupancy
- 275 days per calendar year
- Partial-year alternative
- 75% of days owned or rented
- Effective rental cap
- About 90 days per year
- Compliance proof
- 2 years of occupancy records kept
Summary
San Francisco caps unhosted short-term rental days indirectly: a Permanent Resident must occupy the unit at least 275 days a year, leaving at most about 90 days available for short-term rental.
The Permanent Resident occupies the Residential Unit for no less than 275 days out of the calendar year in which the Residential Unit is rented as a Short-Term Residential Rental or, if the Permanent Resident has not rented or owned the Residential Unit for the full preceding calendar year, for no less than 75% of the days he or she has owned or rented the Residential Unit;
(B) The Permanent Resident maintains records for two years demonstrating compliance with this Chapter 41A, including but not limited to information demonstrating Primary Residency, the number of days per calendar year he or she has occupied the Residential Unit, the number of days per calendar year the Residential Unit has been rented as a Short-Term Residential Rental, and compliance with the insurance requirement in Subsection (D). These records shall be made available to the Department upon request;
(C) The Permanent Resident complies with any and all applicable provisions of state and federal law and the San Francisco Municipal Code, including but not limited to the requirements of the Business and Tax Regulations Code by, among any other applicable requirements, collecting and remitting all required transient occupancy taxes, and the occupancy requirements of the Housing Code;
(D) The Permanent Resident maintains liability insurance appropriate to cover the Short-Term Residential Rental Use in the aggregate of not less
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-96: Codes: last updated to include changes made by legislation through Ordinance 133-26, File No. 260686, approved July 23, 2026, effective August 23, 2026).
Full Breakdown
Administrative Code Section 41A.5(g)(1)(A) requires the Permanent Resident to occupy the Residential Unit for no less than 275 days of the calendar year in which it is rented short-term, or, for a partial year of ownership or tenancy, no less than 75% of the days owned or rented. Because a year has 365 days, this occupancy floor effectively limits the days a unit can be offered as a Short-Term Residential Rental to roughly 90 days annually.
Violations & Fines
Renting the unit as a Short-Term Residential Rental beyond the days left after meeting the 275-day/75% occupancy floor is an unlawful conversion, subject to Chapter 41A's civil penalties of up to $1,000 per day and possible misdemeanor prosecution.
Frequently Asked Questions
How many nights can I short-term rent my SF home per year?
What if I bought my unit partway through the year?
Sources & Official References
Other rules in San Francisco
California rules heatmap·Compare San Francisco to another location·View the California short-term rentals overview
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